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lucretia is a single mother who is trying to raise her young daughter, …

Question

lucretia is a single mother who is trying to raise her young daughter, nell (age 7), as best she can. nell has diabetes and lucretias physician has told her that nell will die if she does not have regular injections of insulin. one day, lucretia believes that she has experienced a vision and that an angel has told her that nell has been cured and no longer needs her injections. lucretia stops giving her daughter the insulin and nell eventually goes into a coma. by the time nell is taken to hospital, it is too late to save her and she dies.
the crown charges lucretia under s.215: duty of persons to provide the necessaries of life.
what circumstances are relevant when charging lucretia with s.215?
\\(\bigcirc\\) a) lucretia made a promise to the doctor to continue the insulin injections.
\\(\bigcirc\\) b) nell was lucretias elderly mother and relied on lucretia.
\\(\bigcirc\\) c) nell was lucretias daughter and under the age of 16.
\\(\bigcirc\\) d) lucretia made a promise to care for nell.

Explanation:

Brief Explanations

To determine the relevant circumstance for charging Lucretia under s.215 (Duty to provide necessaries of life), we analyze each option:

  • Option a: The problem does not mention Lucretia making a promise to the doctor, so this is irrelevant.
  • Option b: Nell is Lucretia's 7 - year - old daughter, not her elderly mother, so this is incorrect.
  • Option c: Nell is Lucretia's daughter and under 16 (she is 7). Under s.215, a parent has a duty to provide necessaries to a child under 16, so this is relevant.
  • Option d: The duty under s.215 for a parent to a child (under 16) is a legal duty, not dependent on a promise to care, so this is not the key relevant circumstance.

Answer:

c) Nell was Lucretia's daughter and under the age of 16.